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To Improve Civil Procedure Attorney Supervision System

Posted on:2013-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:A M WangFull Text:PDF
GTID:2256330425463795Subject:Law
Abstract/Summary:PDF Full Text Request
Civil Litigation Attorney supervision is a major feature of China’s procuratorial system, rooted in traditional Chinese political and legal culture, and learn from the former Soviet Union, Lenin’s Attorney ideological integration of the Western concept of separation of powers. However, despite the modification of the Civil Procedure Law and the years of work experience, but there are still many problems need to clarify a lot of controversy in the theoretical and practical circles. The relationship between the independent Civil Litigation Attorney supervision and civil trials; protest initiated mandatory retrial whether undermine the Court effective legal instruments of res judicata, and shake the stability and social order of the law; private rights sanctions in accordance with the of Prosecutorial Supervision terms of reference with parties under bureaucratic supervision system on the relationship between; supervision to correct illegal by the courts of the legal consequences of non-entity how to implement; prosecutorial oversight and court trial level oversight; how to supervise the implementation activities of the Court’s civil and civil mediation activities; distort the normal law review; protest how to build the same level supervision system; Attorney recommended applicable; investigating how to conduct the trial of a civil action executive violations; Civil Procedure Prosecutorial Supervision and Punishment of the judicial activities of malfeasance, corruption and bribery relationship of job-related crimes. Trying to research and feasibility studies on these issues in the theory, and strive to get to the root in several important concepts and mechanisms of the Civil Procurator Supervision System process reality in order to comply with the law rule and the rule of law in China, and the ultimate need for the conditions put forward recommendations to improve the supervision system of civil prosecution.
Keywords/Search Tags:Civil Litigation, Attorney supervision of the relationship betweenlaw review course of justice
PDF Full Text Request
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